NATIONAL MEASUREMENT ACT 1960
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 3 Interpretation
- 3A Meaning of
- 4 Objects and application of Act
- 4A Application of Act--utility meters used for trade
- 4B Application of trade measurement provisions
- 5 Act to bind the Crown
- 6 Extension of Act to Territories
- 6A Application of the
PART II--UNITS--AND STANDARDS OF MEASUREMENT
- 7 Australian legal units of measurement
- 7A Regulations may prescribe Australian legal units of measurement etc.
- 7B Guidelines
- 8 Australian standards of measurement
- 8AA Co-ordinated Universal Time
- 8A Recognized-value standards of measurement
- 9 Verification of State primary standards of measurement
- 10 Measurements to be ascertained in accordance with appropriate standards of measurement,Australian certified reference materialsor certified measuring instruments
- 11 Conversion factors
- 12 Trade contracts etc. to be expressed in Australian legal units of measurement
- 12A Contracts etc. with respect to interests in land to be expressed in Australian legal units of measurement
- 13 Contracts etc. relating to exportation or importation of goods
- 13A Futures contracts and contracts etc. relating to futures contracts
- 14 References in laws to units of measurement
PART III--NATIONAL--MEASUREMENT INSTITUTE AND CHIEF METROLOGIST
- 16 Overview of Part
- 17 National Measurement Institute
- 18 Metrological functions
- 18A Chief Metrologist
- 18B Acting Chief Metrologist
- 18C Delegation by the Secretary
- 18D Delegation by the Chief Metrologist
PART IV--USING--MEASURING INSTRUMENTS FOR TRADE
DIVISION 1--Overview of Part- 18G Overview DIVISION 2--Requirements for use of measuring instruments for trade
- 18GA Measuring instruments used for trade to be verified
- 18GB Installingmeasuring instruments not of an approved pattern
- 18GC Supplyingmeasuring instruments not of an approved pattern
- 18GCA Letting for hire or loaning unverified measuring instruments
- 18GD Inaccurate use of measuring instruments
- 18GE Using or supplying inaccurate measuring instruments DIVISION 3--Verification of measuring instruments
- 18GF Overview
- 18GG Meaning of
- 18GH Who is permitted to verify measuring instruments other than utility meters?
- 18GI Who is permitted to verify utility meters?
- 18GJ Register of verification marks
- 18GK Requirements for verification
- 18GL Standards of measurements to be used for verification
- 18GM Using a verification mark when not permitted to do so
- 18GN Saleor supply of measuring instrument marked by someone not permitted to do so
- 18GO Misleading marks
- 18GP Wrongful possession of an instrument for making a verification mark
- 18GPA Obligation to obliterate verification mark--person who adjusts or repairs measuring instrument
- 18GQ Obligation to obliterate verification mark--person who causes adjustment or repair of measuring instrument
- 18GR Measuring instrument taken not to have failed test procedures in certain circumstances
PART V--GENERAL--PROVISIONS ON USING MEASUREMENT IN TRADE
- 18H Overview
- 18HA When is an article packed in advance ready for sale?
- 18HB Certain articles must be sold by measurement--articles packed in advance ready for sale
- 18HC Certain articles must be sold by measurement--other articles
- 18HD Transactions based on measurement to be in prescribed units of measurement
- 18HE Measuring instruments used in transactions to have prescribed scale intervals
- 18HF Unreliable methods of measurement
- 18HG Limiting use of certain measuring instruments
- 18HH Measuring instruments and methods of measurement used in monitoring compliance with the Act
- 18HI Articles sold by measurement to be sold by net measurement
PART VI--ARTICLES--PACKED IN ADVANCE READY FOR SALE
DIVISION 1--Overview of Part- 18J Overview DIVISION 2--Marking packed articles
- 18JA Package must be marked with required package information--packer
- 18JB Package must be marked with required package information--importer
- 18JC Package must be marked with required package information--seller
- 18JD Package must be marked with required package information--possession, offer or exposure for sale
- 18JE Package must be marked in prescribed manner
- 18JF Using prohibited expressions--packer
- 18JG Using prohibited expressions--seller
- 18JH Using prohibited expressions--possession, offer or exposure for sale
- 18JHA Trade measurement inspector may give notice to remedy DIVISION 3--Average Quantity System for packed articles
- 18JI Overview of Division
- 18JJ What is an AQS mark?
- 18JK AQS mark must be used in accordance with regulations
- 18JL Using misleading marks
- 18JLA Trade measurement inspector may give notice to remedy
- 18JM Shortfall offence--packer
- 18JN Shortfall offence--importer
- 18JO Shortfall offence--possession, offer or exposure for sale
- 18JP Shortfall offence--sale DIVISION 4--Packed articles not marked with AQS mark
- 18JQ Overview
- 18JR When is there a shortfall in the measurement of a packed article?
- 18JS Shortfall offence--packer
- 18JT Shortfall offence--importer
- 18JU Shortfall offence--possession, offer or exposure for sale
- 18JV Shortfall offence--seller DIVISION 5--Permits
- 18JW Overview
- 18JX Permits for certain packed articles
- 18JY Register of permits
- 18JZ Evidentiary certificate
PART VII--OTHER--ARTICLES
- 18K Overview
- 18KA Requirements if purchaser present when measurement made
- 18KB Requirements if purchaser not present when measurement made
- 18KC Articles sold by measurement--price of packaging
- 18KD Shortfall offence--sale
PART VIII--ENFORCEMENT--OF PARTS IV TO VII
DIVISION 1--Overview- 18L Overview DIVISION 2--Evidentiary matters
- 18LA Evidentiary certificate--shortfall offences
- 18LB Certificate not to be admitted unless copy given to defendant 14 days before certificate to be admitted in evidence
- 18LC Person giving certificate may be called to give evidence
- 18LD Evidence in support or rebuttal of matters in certificate to be considered on its merits
- 18LE Evidence--matters relating to packing DIVISION 3--Infringement notices
- 18LF When an infringement notice can be given
- 18LG Matters to be included in an infringement notice
- 18LH Amount of penalty
- 18LI Withdrawal of an infringement notice
- 18LJ What happens if the penalty is paid
- 18LK Effect of thisDivision on criminal proceedings DIVISION 4--Additional enforcement options
- 18LL Overview
- 18LM Accepting undertakings
- 18LN Enforcing undertakings
- 18LO Injunctions
- 18LP Secretary may publicise offences
- 18LQ Affected contracts etc. voidable
PART IX--TRADE--MEASUREMENT INSPECTORS
DIVISION 1--Overview of Part- 18M Overview DIVISION 2--Appointment of trade measurement inspectors and identity cards
- 18MA Appointment of trade measurement inspectors
- 18MB Identity card
- 18MC Evidentiary certificate--appointment and class of trade measurement inspector DIVISION 3--Powers of trade measurement inspectors
- 18MD Overview
- 18MDA Powers of trade measurement inspectors in public areas of business premises
- 18ME Monitoring powers
- 18MF Collecting evidential material
- 18MG General powers of trade measurement inspectors
- 18MH Trade measurement inspector may request persons to answer questions or produce documents
- 18MI English translation of book, record or document requested by a trade measurement inspector
- 18MIA Trade measurement inspector may give directions to controllers of business vehicles etc.
- 18MJ Power to give directions in relation to re-verification
- 18MK Power to verify measuring instruments on request
- 18ML Evidentiary certificate--examination and calibration under section 18MK
- 18MM Trade measurement inspector must obliterate verification mark
- 18MMA Notices to remedy DIVISION 4--Obligations of trade measurement inspectors
- 18MN Trade measurement inspector must produce identity card on request
- 18MO Details of warrant to be given to controller etc.
- 18MP Consent to enter residential premises
- 18MQ Announcement on entry or inspection
- 18MR Compensation for damage to electronic equipment
- 18MS Copies of seized things to be provided
- 18MT Receipts for things seized
- 18MU Retention of seized things
- 18MV Magistrate may permit a thing to be retained DIVISION 5--Controller's rights and responsibilities
- 18MW Controller entitled to be present during search
- 18MX Controller must provide trade measurement inspector with facilities and assistance DIVISION 6--Warrants
- 18MY Overview
- 18MZ Monitoring warrants
- 18MZA Warrants relating to the collection of evidential material
- 18MZB Urgent warrant for the collection of evidential material
- 18MZC Powers conferred on magistrates in their personal capacity
- 18MZD Immunity of magistrates
PART X--SERVICING--LICENSEES
- 18N Overview
- 18NA Application for a servicing licence
- 18NB Granting a servicing licence
- 18NC Circumstances in which servicing licence must be refused
- 18ND Where the applicant is a body corporate
- 18NE Where the applicant is a partnership
- 18NF Register of servicing licences
- 18NG Conditions may be imposed on servicing licences
- 18NH Conditions on all servicing licences
- 18NI Application to amend a condition of a servicing licence
- 18NJ Application to change servicing licensee due to change of partnership
- 18NK Application for renewal of servicing licence
- 18NL Renewal of servicing licence
- 18NM Surrender and transfer of servicing licence
- 18NN Order preventing employment of certain persons
- 18NO Offence--breaching a condition of a servicing licence
PART XI--PUBLIC--WEIGHBRIDGES
DIVISION 1--Public weighbridge licences- 18P Overview
- 18PA Application for a public weighbridge licence
- 18PB Granting a public weighbridge licence
- 18PC Circumstances in which public weighbridge licence must be refused
- 18PD Where the applicant is a body corporate
- 18PE Where the applicant is a partnership
- 18PF Register of public weighbridge licences
- 18PG Conditions may be imposed on public weighbridge licences
- 18PH Conditions on all public weighbridge licences
- 18PI Application to amend a condition of a public weighbridge licence
- 18PJ Application to change public weighbridge licensee due to change of partnership
- 18PK Application to contract out the operation of the public weighbridge
- 18PL Application for renewal of public weighbridge licence
- 18PM Renewal of public weighbridge licence
- 18PN Surrender and transfer of public weighbridge licence
- 18PO Effect of relocation of licensed public weighbridge
- 18PP If weighbridge no longer suitable for use as public weighbridge
- 18PQ Order preventing employment of certain persons
- 18PR Order preventing contract with certain person to operate public weighbridge
- 18PS Order preventing employee of a public weighbridge contractor from operating public weighbridge DIVISION 2--Offences in relation to public weighbridges
- 18PT Offence--making a weighbridge available as a public weighbridge when not licensed etc.
- 18PU Offence--breaching a condition of a public weighbridge licence
PART XII--DISCIPLINARY--ACTION AGAINST SERVICING LICENSEES AND PUBLIC WEIGHBRIDGE LICENSEES
- 18Q Overview
- 18QA Grounds for disciplinary action
- 18QB Notice to licensee of grounds for disciplinary action
- 18QC Taking disciplinary action
- 18QD Accepting undertakings
- 18QE Enforcing undertakings
- 18QF Secretary may publicise grounds on which disciplinary action taken, etc.
PART XIII--UTILITY--METER VERIFIERS
DIVISION 1--Appointment of utility meter verifiers on application- 18R Applying to be a utility meter verifier
- 18RA Appointment of utility meter verifiers
- 18RB Conditions on appointment of utility meter verifiers
- 18RC Secretary must allocate utility meter verifier's mark
- 18RCA NATA accredited verifiers DIVISION 2--Disciplinary action against utility meter verifiers appointed on application
- 18RD Notice to utility meter verifier of intention to take disciplinary action
- 18RE Secretary may seek further information
- 18RF Secretary must consider utility meter verifier's submission and information in making a decision under section 18RG
- 18RG Taking of disciplinary action against a utility meter verifier DIVISION 3--AppointingCommonwealthor State officials etc. as utility meter verifiers
- 18RH Appointment of Commonwealth or State officials etc. as utility meter verifiers
- 18RI Secretary must allocate verification marks to utility meter verifiers appointed under section 18RH
PART XIV--MISCELLANEOUS
- 19 Maintaining of standards of measurement etc. before regulations prescribing units take effect
- 19A Patterns of instruments
- 19AAA Tolerances
- 19AAB Measuring instrument--accordance with pattern
- 19B Offences
- 19C Offences committed by employees--liability of employee
- 19D Offences committed by employees--liability of employer
- 19E Offences committed by agents--liability of agent
- 19F Offences committed by agents--liability of principal
- 19H Protected information
- 19J Review by Administrative Appeals Tribunal of decisions under this Act
- 19K Jurisdiction of the Federal Court of Australia and theFederal Circuit and Family Court of Australia (Division 2)
- 19L Fees recoverable as a debt due to the Commonwealth
- 19M Rights may be amended, suspended or cancelled etc.
- 19N Compensation for acquisition of property
- 19P Evidentiary matters--signature of Secretary or trade measurement inspector
- 19Q Chief Metrologist may determine matters
- 20 Regulations